C5.1 Confidentiality to be maintained

Immigration Act 1987 s 129T

1. Refugee status officers, other persons who administer the Immigration Act 1987, and persons to whom details are disclosed under C5.1(c)(i) or (ii) must keep confidential the identity of a refugee status claimant or other person whose status is being considered, as well as the details of their case, at all times, both during and after the determination of the claim or other matter.
2. Compliance with C5.1(a) may require confidentiality about the very fact or existence of a claim or case, if disclosing its fact or existence could identify the person concerned or endanger anyone.
3. C5.1(a) does not apply to prevent the disclosure of details:
   1. to a person necessarily involved in determining the relevant claim or matters; or
   2. to an officer or employee of a New Zealand Government department or other Crown agency whose functions in relation to the claimant or other person require knowledge of those details; or
   3. to the UNHCR; or
   4. in dealings with other countries for the purpose of determining the matters in C3.10(a)(iv) and (v); or
   5. if the details are published in a way that is unlikely to identify the person concerned; or
   6. if there is no serious possibility that the safety of the claimant or any other person would be endangered by the disclosure in the particular circumstances of the case.
4. C5.1(a) does not apply to prevent the disclosure of details about a particular claimant or other person if the claimant or person has, whether expressly or impliedly, by their words or actions waived their right to confidentiality.
5. Anyone who without reasonable excuse breaches C5.1(a) or publishes information released in breach of C5.1(a) commits an offence and, if convicted, is liable to a fine.

Effective 01/10/1999